Florida Senate - 2020                      CS for CS for SB 1220
       
       
        
       By the Committees on Appropriations; and Education; and Senator
       Diaz
       
       
       
       
       576-04555-20                                          20201220c2
    1                        A bill to be entitled                      
    2         An act relating to K-12 scholarship programs; amending
    3         s. 1002.394, F.S.; revising initial scholarship
    4         eligibility criteria for the Family Empowerment
    5         Scholarship Program; establishing a priority order for
    6         award of a scholarship that includes an adjusted
    7         maximum eligible household income level that is
    8         increased in specified circumstances; requiring the
    9         Department of Education to maintain and publish a list
   10         of nationally norm-referenced tests and to establish
   11         deadlines for lists of eligible students,
   12         applications, and notifications; requiring a private
   13         school to report scores to a state university by a
   14         specified date; requiring parents to annually renew
   15         participation in the program; requiring an eligible
   16         nonprofit scholarship-funding organization to award
   17         scholarships in priority order and implement
   18         deadlines; requiring, rather than authorizing, an
   19         annual specified increase in the maximum number of
   20         students participating in the scholarship program;
   21         amending s. 1002.395, F.S.; revising eligibility
   22         criteria for the Florida Tax Credit Scholarship
   23         Program and applying the criteria only to initial
   24         eligibility; requiring that priority be given to
   25         students whose household income levels do not exceed a
   26         specified amount or who are in foster care or out-of
   27         home care; requiring scholarship-funding organizations
   28         to prioritize renewal scholarships over initial
   29         scholarships; requiring a scholarship-funding
   30         organization to refer students who did not receive a
   31         scholarship because of lack of funds to another
   32         scholarship-funding organization; amending s. 1002.40,
   33         F.S.; requiring scholarship-funding organizations to
   34         use excess contributions to fund scholarships for
   35         specified students under certain conditions; providing
   36         an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Present paragraphs (b), (c), and (d) of
   41  subsection (10) of section 1002.394, Florida Statutes, are
   42  redesignated as paragraphs (c), (d), and (e), respectively,
   43  paragraph (i) of subsection (9) and a new paragraph (b) of
   44  subsection (10) are added to that section, and subsections (3)
   45  and (7), paragraph (c) of subsection (8), and paragraph (a) of
   46  subsection (11) of that section are amended, to read:
   47         1002.394 The Family Empowerment Scholarship Program.—
   48         (3) INITIAL SCHOLARSHIP ELIGIBILITY.—A student is eligible
   49  for a Family Empowerment Scholarship under this section if the
   50  student meets the following criteria:
   51         (a)1. The student is on the direct certification list
   52  pursuant to s. 1002.395(2)(c) or the student’s household income
   53  level does not exceed 185 300 percent of the federal poverty
   54  level; or
   55         2. The student is currently placed, or during the previous
   56  state fiscal year was placed, in foster care or in out-of-home
   57  care as defined in s. 39.01; or
   58         3. The student’s household income level does not exceed 300
   59  percent of the federal poverty level or an adjusted maximum
   60  percent of the federal poverty level as established pursuant to
   61  paragraph (e).
   62  
   63  Priority shall be given to students whose household income
   64  levels do not exceed 185 percent of the federal poverty level or
   65  who are in foster care or out-of-home care. A student who
   66  initially receives a scholarship based on eligibility under
   67  subparagraph 2. remains eligible to participate until the
   68  student graduates from high school or attains the age of 21
   69  years, whichever occurs first, regardless of the student’s
   70  household income level. A sibling of a student who is
   71  participating in the scholarship program under this subsection
   72  is eligible for a scholarship if the student resides in the same
   73  household as the sibling.
   74         (b)1. The student is eligible to enroll in kindergarten;
   75         2. The student or has spent the prior school year in
   76  attendance at a Florida public school; or
   77         3. Beginning with the 2020-2021 school year, the student
   78  received a scholarship pursuant to s. 1002.395 during the
   79  previous school year but did not receive a renewal scholarship
   80  based solely on the eligible nonprofit scholarship-funding
   81  organization’s lack of available funds after the organization
   82  fully exhausts its efforts to use funds available for awards
   83  under ss. 1002.395 and 1002.40(11)(i). Eligible nonprofit
   84  scholarship-funding organizations with students who meet the
   85  eligibility criterion of this subparagraph must annually notify
   86  the department in a format and by a date established by the
   87  department.
   88  
   89  For purposes of this paragraph, the term prior school year in
   90  attendance means that the student was enrolled full time and
   91  reported by a school district for funding during the preceding
   92  October and February Florida Education Finance Program surveys
   93  in kindergarten through grade 12, which includes time spent in a
   94  Department of Juvenile Justice commitment program if funded
   95  under the Florida Education Finance Program. However, a
   96  dependent child of a member of the United States Armed Forces
   97  who transfers to a school in this state from out of state or
   98  from a foreign country due to a parent’s permanent change of
   99  station orders or a foster child is exempt from the prior public
  100  school attendance requirement under this paragraph, but must
  101  meet the other eligibility requirements specified under this
  102  section to participate in the program.
  103         (c) The parent has obtained acceptance for admission of the
  104  student to a private school that is eligible for the program
  105  under subsection (8), and the parent has requested a scholarship
  106  from the Department of Education by a date established by the
  107  department pursuant to paragraph (7)(e), but no later than at
  108  least 60 days before the date of the first scholarship payment.
  109  The request must be communicated directly to the department in a
  110  manner that creates a written or electronic record of the
  111  request and the date of receipt of the request. The department
  112  must notify the school district of the parent’s intent upon
  113  receipt of the parent’s request.
  114         (d) The student is awarded a scholarship in accordance with
  115  the following priority order:
  116         1. An eligible student who received a Family Empowerment
  117  Scholarship during the previous school year and requested a
  118  renewal scholarship award.
  119         2. An eligible student who meets the criteria for an
  120  initial award under both paragraph (a) and subparagraph (b)3.
  121         3. An eligible student who meets the criteria for an
  122  initial award under subparagraph (b)2. and either subparagraph
  123  (a)1. or subparagraph (a)2.
  124         4. An eligible student who meets the criteria for an
  125  initial award under subparagraph (b)1. and either subparagraph
  126  (a)1. or subparagraph (a)2.
  127         5. An eligible student who meets the criteria for an
  128  initial award under subparagraph (a)3. and, in priority order,
  129  either subparagraph (b)2. or subparagraph (b)1.
  130         (e)The student’s household income level does not exceed an
  131  adjusted maximum percent of the federal poverty level that is
  132  increased by 25 percent in the fiscal year following any fiscal
  133  year in which more than 5 percent of the available scholarships
  134  authorized under subsection (11) have not been awarded.
  135         (7) DEPARTMENT OF EDUCATION OBLIGATIONS.—The department
  136  shall:
  137         (a) Publish and update, as necessary, information on the
  138  department website about the Family Empowerment Scholarship
  139  Program, including, but not limited to, student eligibility
  140  criteria, parental responsibilities, and relevant data.
  141         (b) Cross-check the list of participating scholarship
  142  students with the public school enrollment lists before each
  143  scholarship payment to avoid duplication.
  144         (c) Maintain and publish a list of nationally norm
  145  referenced tests identified for purposes of satisfying the
  146  testing requirement in subparagraph (8)(c)1. The tests must meet
  147  industry standards of quality in accordance with state board
  148  rule.
  149         (d)Notify eligible nonprofit scholarship-funding
  150  organizations of the deadlines for submitting the verified list
  151  of students determined to be eligible for an initial or renewal
  152  scholarship.
  153         (e) Establish deadlines for the receipt of initial
  154  applications and renewal notifications in order to implement the
  155  priority order for scholarship awards pursuant to paragraph
  156  (3)(d).
  157         (8) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
  158  eligible to participate in the Family Empowerment Scholarship
  159  Program, a private school may be sectarian or nonsectarian and
  160  must:
  161         (c)1. Annually administer or make provision for students
  162  participating in the program in grades 3 through 10 to take one
  163  of the nationally norm-referenced tests that are identified by
  164  the department pursuant to paragraph (7)(c) or to take the
  165  statewide assessments pursuant to s. 1008.22. Students with
  166  disabilities for whom standardized testing is not appropriate
  167  are exempt from this requirement. A participating private school
  168  shall report a student’s scores to his or her parent. By August
  169  15 of each year, a participating private school must report the
  170  scores of all participating students to a state university as
  171  described in s. 1002.395(9)(f).
  172         2. Administer the statewide assessments pursuant to s.
  173  1008.22 if the private school chooses to offer the statewide
  174  assessments. A participating private school may choose to offer
  175  and administer the statewide assessments to all students who
  176  attend the private school in grades 3 through 10 and must submit
  177  a request in writing to the department by March 1 of each year
  178  in order to administer the statewide assessments in the
  179  subsequent school year.
  180  
  181  If a private school fails to meet the requirements of this
  182  subsection or s. 1002.421, the commissioner may determine that
  183  the private school is ineligible to participate in the
  184  scholarship program.
  185         (9) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
  186  PARTICIPATION.—A parent who applies for a Family Empowerment
  187  Scholarship is exercising his or her parental option to place
  188  his or her child in a private school.
  189         (i)The parent must annually renew participation in the
  190  program by the date established by the department pursuant to
  191  paragraph (7)(e).
  192         (10) OBLIGATIONS OF ELIGIBLE SCHOLARSHIP-FUNDING
  193  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  194  organization:
  195         (b)Shall award initial and renewal scholarships in
  196  priority order pursuant to paragraph (3)(d). The eligible
  197  nonprofit scholarship-funding organization shall implement the
  198  deadlines established by the department pursuant to paragraphs
  199  (7)(d) and (e).
  200         (11) SCHOLARSHIP FUNDING AND PAYMENT.—
  201         (a) The scholarship is established for up to 18,000
  202  students annually on a first-come, first-served basis beginning
  203  in with the 2019-2020 school year. Beginning in the 2020-2021
  204  school year, the maximum number of students participating in the
  205  scholarship program under this section shall may annually
  206  increase by 1.0 0.25 percent of the state’s total public school
  207  student enrollment.
  208         Section 2. Subsection (3) and paragraphs (e) and (f) of
  209  subsection (6) of section 1002.395, Florida Statutes, are
  210  amended to read:
  211         1002.395 Florida Tax Credit Scholarship Program.—
  212         (3) PROGRAM; INITIAL SCHOLARSHIP ELIGIBILITY.—
  213         (a) The Florida Tax Credit Scholarship Program is
  214  established.
  215         (b) A student is eligible for a Florida tax credit
  216  scholarship under this section if the student meets one or more
  217  of the following criteria:
  218         1. The student is on the direct certification list or the
  219  student’s household income level does not exceed 260 185 percent
  220  of the federal poverty level; or
  221         2. The student is currently placed, or during the previous
  222  state fiscal year was placed, in foster care or in out-of-home
  223  care as defined in s. 39.01.
  224         3. The student’s household income level is greater than 185
  225  percent of the federal poverty level but does not exceed 260
  226  percent of the federal poverty level.
  227  
  228  Priority must be given to a student whose household income level
  229  does not exceed 185 percent of the federal poverty level or who
  230  is in foster care or out-of-home care. A student who initially
  231  receives a scholarship based on eligibility under this paragraph
  232  subparagraph (b)2. remains eligible to participate until he or
  233  she the student graduates from high school or attains the age of
  234  21 years, whichever occurs first, regardless of the student’s
  235  household income level. A student who initially received a
  236  scholarship based on income eligibility before the 2019-2020
  237  school year remains eligible to participate until he or she
  238  graduates from high school, attains the age of 21 years, or the
  239  student’s household income level exceeds 260 percent of the
  240  federal poverty level, whichever occurs first. A sibling of a
  241  student who is participating in the scholarship program under
  242  this subsection is eligible for a scholarship if the student
  243  resides in the same household as the sibling.
  244         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
  245  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
  246  organization:
  247         (e) Must give first priority to eligible renewal students
  248  who received a full-time scholarship from an eligible nonprofit
  249  scholarship-funding organization or from the State of Florida
  250  during the previous school year. The eligible nonprofit
  251  scholarship-funding organization must fully apply and exhaust
  252  all funds available under this section and s. 1002.40(11)(i) for
  253  renewal scholarship awards before awarding any initial
  254  scholarships Beginning in the 2016-2017 school year, an eligible
  255  nonprofit scholarship-funding organization shall give priority
  256  to new applicants whose household income levels do not exceed
  257  185 percent of the federal poverty level or who are in foster
  258  care or out-of-home care.
  259         (f) Must provide a renewal or initial scholarship to an
  260  eligible student on a first-come, first-served basis unless the
  261  student qualifies for priority pursuant to paragraph (e). Each
  262  eligible nonprofit scholarship-funding organization must refer
  263  any student eligible for a scholarship pursuant to this section
  264  who did not receive a renewal or initial scholarship based
  265  solely on the lack of available funds under this section and s.
  266  1002.40(11)(i) to another eligible nonprofit scholarship-funding
  267  organization that may have funds available.
  268  
  269  Information and documentation provided to the Department of
  270  Education and the Auditor General relating to the identity of a
  271  taxpayer that provides an eligible contribution under this
  272  section shall remain confidential at all times in accordance
  273  with s. 213.053.
  274         Section 3. Paragraph (i) of subsection (11) of section
  275  1002.40, Florida Statutes, is amended to read:
  276         1002.40 The Hope Scholarship Program.—
  277         (11) FUNDING AND PAYMENT.—
  278         (i) Notwithstanding s. 1002.395(6)(j)2., no more than 5
  279  percent of net eligible contributions may be carried forward to
  280  the following state fiscal year by an eligible scholarship
  281  funding organization. For audit purposes, all amounts carried
  282  forward must be specifically identified for individual students
  283  by student name and by the name of the school to which the
  284  student is admitted, subject to the requirements of ss. 1002.21
  285  and 1002.22 and 20 U.S.C. s. 1232g, and the applicable rules and
  286  regulations issued pursuant to such requirements. Any amounts
  287  carried forward shall be expended for annual scholarships or
  288  partial-year scholarships in the following state fiscal year.
  289  Net eligible contributions remaining on June 30 of each year
  290  which are in excess of the 5 percent that may be carried forward
  291  shall be transferred to other eligible nonprofit scholarship
  292  funding organizations participating in the Hope Scholarship
  293  Program to provide scholarships for eligible students. All
  294  transferred funds must be deposited by each eligible nonprofit
  295  scholarship-funding organization receiving such funds into the
  296  scholarship account of eligible students. All transferred
  297  amounts received by an eligible nonprofit scholarship-funding
  298  organization must be separately disclosed in the annual
  299  financial audit requirement under s. 1002.395(6)(m). If no other
  300  eligible nonprofit scholarship-funding organization participates
  301  in the Hope Scholarship Program, net eligible contributions in
  302  excess of the 5 percent may be used to fund scholarships for
  303  students eligible under s. 1002.395 only after fully exhausting
  304  all contributions made in support of scholarships under that
  305  section in accordance with the priority established in s.
  306  1002.395(6)(e) prior to awarding any initial scholarships s.
  307  1002.395(3).
  308         Section 4. This act shall take effect July 1, 2020.